CGL or BAP Coverage Question

If someone trips over a pile of snow left by a snowplowing operation, a claim based on this would be excluded on the GL unless you attach CG2292. What if someone trips over a pile of dirt left by a dump truck- is this loss also excluded under the GL? What makes these two situations different/same when it comes to how the GL policy would respond?

Pennsylvania Subscriber

As you stated, in the snowplow situation, the injury claim would be excluded due to exclusion (g), which eliminates coverage for bodily injury arising out of the ownership, maintenance or use of any “auto” (and a snowplow falls within the definition of auto). Because there is an endorsement available to fill what is perceived to be a coverage gap (CG 22 92), we assume this is how the policy would respond.

We believe the CGL form would respond in the same way to the dump truck situation. The primary purpose of a dump truck is to pick up and move dirt, just like the snowplow does with snow. If the injury arose out of the dumping of the dirt by the “auto” then it would be excluded.

As for whether the auto policy would respond, we think there are two exclusions under Section II A. of the BAP that would preclude coverage for the event. Exclusion 7, Handling of Property, applies to BI and PD resulting from the handling of property after it is moved from the auto to final delivery. And Exclusion 10, Completed Operations, applies to BI and PD arising out of the named insured's work after the work has been completed. Either of these exclusions might apply depending on the circumstances.

Although at first glance it appears there should be coverage through the dump truck company for the event, it seems a gap has been left and this particular loss would not be covered. You might want to seek some kind of manuscript endorsement to fill the coverage gap.

 

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